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Your Health Still at Risk: How Coal Lobbyist Andrew Wheeler Will Pursue the Trump-Pruitt Industry Agenda at EPA Industry Insiders Hijack the EPA

Andrew Wheeler and industry polluters put profits before people

With Andrew l Wheeler, a Washington insider with Wheeler now Acting a keen understanding of politics, Administrator at continues Scott Pruitt’s assault on the Environmental EPA while doing so quietly Protection Agency, and more exactingly. President Trump is l The Agency’s mission is to protect making sure that human health and the environment. oversight of America’s Under the Trump administration, and environmental and with Wheeler at the helm, safeguards remains tightly in the grip EPA has come to look more like of corporate polluters. IPA: the Industry Protection Agency. A former lobbyist for one of America’s largest coal mining companies, Wheeler Who is Andrew joins a cadre of industry insiders that is Wheeler? attacking foundational EPA safeguards on an unprecedented and dangerous Wheeler’s history signals a man scale. indebted to industry and special interests — and one whose under- l With ties to oil and gas, chemical standing of Washington could make manufacturers, and other polluters, him an even graver threat than Wheeler and a long list of Trump his predecessor, Scott Pruitt. appointees have been seeking to Will he change course and redirect EPA gut EPA’s budget and eliminating toward its core mission, or continue the government protections for our air, Trump administration’s assault on one water, and soil. They are carrying out of the nation’s most critical agencies the President’s agenda of bending and the science and workforce that to industry’s will at the expense of undergirds it? families and communities. His history is not promising.

Environmental Defense Fund 8/18 2 Coal Lobbyist Andrew Wheeler

Wheeler’s career for nearly a decade, before becoming a senior Trump- appointed leader at EPA, focused on “He worked for lobbying for Murray Energy, one of me for 20 years. America’s largest coal companies. Didn’t want to It’s a startling truth: a former coal lose him.” lobbyist now sits atop EPA, an agency — Robert E. Murray with the core mission of protecting CEO of Murray Energy human health and the environment. Pro Policy Summit 7/17/18 Coal threatens both. Will Andrew Wheeler? Note: For 10 of those 20 years, Wheeler worked as a Wheeler apparently had no issue congressional staffer — where representing the coal industry despite he was supposed to serve the the clear links between coal and its American taxpayers, not coal poisoning of the air that families executives. breathe and the water they drink — and changes to climate that are linked to more intense natural disasters and Recent decisions at EPA sea level rise. help the coal industry and His lobbying firm collected millions of threaten children’s health dollars from Murray Energy. He even Within his first two weeks on the job, served as President of the Washington Wheeler passed down a ruling that Coal Club. relaxed rules governing how dangerous coal ash is stored, an action that could Now, Wheeler is making decisions that allow for more toxins to seep into directly impact his longtime client and groundwater and make their way into other industries for which he once communities and homes. worked, such as oil and gas, agriculture, and chemicals. Not a good sign of what’s to come.

Environmental Defense Fund 8/18 3 Wheeler lobbied for industry practices that create dirty air and water — hurting Americans and coal workers.

Coal emissions Coal used to power our economy but to thwart runaway global warming, the today it can no longer compete with coal industry has been advocating for contain , cleaner, cheaper fuel sources. The fewer safeguards on nitrogen oxides, dangerous health effects of coal are emissions and US withdrawal from sulfur dioxide and well known. When burned, it releases international climate agreements. toxic air emissions such as mercury and Coal extraction is also one of the most other hazardous sulfur dioxide that contribute to asthma, dangerous professions in America, lung cancer, heart failure, and more. substances. with many coal workers suffering from The remnant of coal combustion, particularly adverse health problems, known as coal ash, can poison such as black lung disease. While Wheeler waterways and drinking supplies. lobbied for Murray, the coal giant was fined for multiple violations of worker Nonetheless, coal lobbyists like Wheeler safety standards, and its management have been working to prevent and roll allegedly threatened workers who tried back safeguards that limit how toxics are to flag safety concerns, according to discharged into the air and make their . way into water. Wheeler was long part of the industry’s can also largely be efforts to maintain its profits at the attributed to the burning of coal and expense of Americans’ health, worker other fossil fuels. Even as scientists, businesses and global leaders urge a safety and global climate. transition away from dirty fossil fuels This is the industry for which to cleaner sources of energy in an effort Andrew Wheeler chose to work.

Environmental Defense Fund 8/18 4 Robert E. Murray: Coal Baron. Trump Insider. Wheeler Boss.

Robert E. Murray, CEO of Murray Energy, has waged war against EPA for years. Now, the person he has relied on to be his voice and advocate in Washington, Andrew Wheeler, will head the EPA as Administrator. That could mean easier pursuit of a wish list, crafted by Murray and delivered to the Trump administration, which called for the destruction of various EPA health and safety safeguards and a 50% cut to EPA personnel.

Murray has never hidden his disdain for EPA, saying of the agency, “I have nothing but contempt!” He was overjoyed by Scott Pruitt’s tenure as EPA Administrator, claiming a “wonderful victory” as Pruitt dismantled core public health and environmental protections.

“Action Plan”. It was his priority wish list of tasks that would hollow “I have nothing but contempt!” out EPA and allow the fossil- — Robert E. Murray on EPA fuel industry to run rampant, regardless of the effects on people Murray’s history is one riddled with and communities. Those requests unabashed pollution, employee included eliminating the Clean mistreatment, and attempts to influence Power Plan, withdrawing from government to serve his company at the the Paris Climate Agreement, and expense of the public’s need for safe air cutting the staff of EPA. Work on the and clean water. wish list continues, with Murray saying the administration has A Dirty History already fulfilled his first page l Murray’s Secret Wish List of wishes. to Weaken EPA’s Ability to l Illegal Discharges that Safeguard Health Contaminated Water u According to , u Murray Energy repeatedly contami- shortly after President Trump took nated waterways due to negligence office in March 2017, Murray sent and spills. to Vice President an CONTINUED

Environmental Defense Fund 8/18 5 To limit its liability from discharges, u Multiple accusations have been Murray Energy lobbied in 2013 for made against Murray Energy’s Congress to stop EPA rules aimed treatment of employees. In 2014, at protecting streams from coal Murray Energy accused workers of mining. filing too many safety complaints, ­— Water used to wash newly mined and told them to think about “your coal spilled from a Murray job being suddenly gone.” Said Energy American Century one miner on safety concerns: “We pipeline in 2010 and fouled told them and told them, and they waterways in Ohio. Earlier, the didn’t do anything about it.” company negligently failed to u Murray also forced employees sample and monitor the flow of to attend, without pay, a 2012 pollutants and was fined campaign rally for presidential $7 million in 2008. candidate Mitt Romney. “If we did not go, we knew what would l Miner Safety and Coercion happen,” said one miner. of Employees

u Murray Energy was one of two US l Hosted Trump Fundraisers with mining companies “with the worst Wheeler in Attendance safety records,” according to The u When did Andrew Wheeler become Washington Post in 2010. Murray, a supporter of President Trump? along with Massey Energy, had At a closed-door fundraiser for the more than 5,700 pending safety Trump campaign sponsored by violations. 40 lives were claimed in Bob Murray. It was reportedly at least three accidents at their sites there that Murray got behind the in the previous decade. Trump candidacy.

Environmental Defense Fund 8/18 6 Wheeler’s Conflicts

Because he has spent his career helping polluters weaken environmental safeguards, Andrew Wheeler will now regularly oversee EPA decisions that could benefit their bottom line. Wheeler’s list of clients include many companies that emit pollution that can threaten children and families — and who frequently lobby the EPA for favorable treatment. Wheeler even served as President and Vice President of the Washington Coal Club, a collection of coal companies and their lobbyists.

WHEELER’S CLIENTS INDUSTRIES WHEELER’S CLIENTS INDUSTRIES Archer Daniels Midland Ethanol, food processing ICOR International Refrigerants Bear Head LNG Corporation Insurance Auto Auctions, Inc. Used cars Celanese Corporation Chemicals/Materials International Paper Paper Coalition for Domestic Health Care KAR Holdings Used cars Medical Isotope Supply Martin Farms Agriculture Darling International Inc. Agriculture Murray Energy Coal Domestic Fuel Solutions Group Ethanol Energy Fuels Resources Inc. Uranium mining Nuclear Energy Institute Nuclear Enterprises Swanco LLC Agriculture Sargento Foods Inc. Cheese General Mills Food Whirlpool Corporation Appliances Growth Energy Ethanol Xcel Energy Energy

EPA SAFEGUARDS WHY IT MATTERS WHEELER’S WAY

Coal Plants: Requiring Cleaner Air Lung Diseases Dirty Air

Climate Change As lobbyist for coal mining and energy EPA requires technology to scrub sulfur companies, Wheeler fought against dioxide from coal plants’ air pollution scrubbers to increase dangerous and reduce toxic mercury emissions pollutants and lobbied to increase from coal- and oil-fired plants. allowable public exposure to mercury.1

1 http://www.chicagotribune.com/news/nationworld/politics/ct-epa-andrew-wheeler-lobbying-20180705-story.html CONTINUED

Environmental Defense Fund 8/18 7 EPA SAFEGUARDS WHY IT MATTERS WHEELER’S WAY

Coal Plants: Requiring Cleaner Water Cancer Dirty Water

Toxic Fish

A former coal industry lobbyist, EPA restricts toxic discharge in Wheeler has already approved waterways of coal ash waste that weaker rules on safer ash storage and contains heavy metals like mercury, lessened requirements to monitor cadmium and arsenic. groundwater nearby.2

Chemicals: Requiring Cleaner Cancer Fewer Safeguards Air & Water

Natural Disasters As a lobbyist for a giant chemical producer, Wheeler worked to EPA requires industry to use pollution persuade Congress to allow more controls and holds manufacturing pollution and limit liability for plants accountable for public harm chemical spills and explosions that 3 from release of toxins into environment; cause public harm; as a top Senate protects public health from dangerous staffer, he helped delay a report on chemicals like formaldehyde vapor. formaldehyde risks to human health, similar to one being suppressed at EPA today.4

2 https://www.washingtonpost.com/national/health-science/epa-eases-rules-on-how-coal-ash-waste-is-stored-across-the-us/2018/07/17/740e4b9a-89d3-11e8- 85ae-511bc1146b0b_story.html?utm_term=.7dbd961025c 3 http://www.chicagotribune.com/news/nationworld/politics/ct-epa-andrew-wheeler-lobbying-20180705-story.html 4 http://thehill.com/opinion/energy-environment/395985-andrew-wheeler-has-the-potential-to-be-even-more-dangerous-than

Environmental Defense Fund 8/18 8 Wheeler Stays on the Pruitt Path

Already, Andrew Wheeler is continuing This is a move that directly benefits “Thanks to the President Trump’s and Scott Pruitt’s Wheeler’s former client Murray Energy, leadership destructive agenda. While most see efforts and will likely result in more toxic to degrade agency staff, question sound mercury and arsenic in the water in of President science, and vanquish critical protections, coal country. Trump and Wheeler sees “tremendous progress.” Administrator That should scare anyone who is hoping Formaldehyde for a return to normalcy for an agency Pruitt, we Politico Pro reported that that communities need to stay safe. have made EPA’s political leadership has tremendous In his short time in office, Wheeler been suppressing a report has already doubled down on some of that found most Americans are inhaling progress over Pruitt’s most dangerous rulings. It is enough formaldehyde vapor in their the past year likely a sign of things to come: more of daily lives to risk developing leukemia

and a half.” the same, with less publicity and less and other ailments. scandal. That could make Wheeler an — Andrew Wheeler, As a Senate staffer in 2004, Wheeler even more serious threat. July 11, 2018 participated in similar efforts to delay an earlier version of the formaldehyde Wheeler is continuing report and has more recently lobbied Pruitt’s legacy on some issues for Celanese, a major Since Wheeler became Acting manufacturer of formaldehyde. This Administrator, his actions have highly toxic chemical is made or used meant more of the same: by politically connected companies, including Koch Industries. Coal ash in the water Super polluting trucks One of Wheeler’s first moves as Acting Administrator was On his last day in office, former to finalize rules on how coal EPA Administrator Scott Pruitt ash waste is stored across the country, a said he would stop enforcing move originally proposed by Pruitt. pollution limits for dirty diesel trucks. Although Wheeler rescinded the immediate decision amid a hail of “Within the Agency Scott has done an outstanding lawsuits, he reaffirmed that he intends job, and I will always be thankful to him for this.” to exempt these trucks from greenhouse gas regulations in the long term. — Source: Trump tweet, July 5, 2018

Environmental Defense Fund 8/18 9 Wheeler’s Upcoming Tests

Wheeler has given few signs that he will address the most serious scandal of Pruitt’s disastrous tenure: the dismantling of health protections for American families as favors to politically powerful industries. Instead, the former coal lobbyist signaled that he plans to follow Pruitt’s path. In Wheeler’s first major decision, he gave coal companies exactly what they desired: weakened rules on coal ash storage. He made his priorities clear by stating the change would “save tens of millions of dollars in regulatory costs.”

With urgent business on his desk, Wheeler will soon show America who he really is. Here are upcoming decisions that will reveal whether Wheeler is yet another industry insider willing to betray the public trust.

Chemical Disaster Rule Wheeler has said he will make “risk Before Pruitt resigned, he communication” a priority. Will that proposed gutting rules EPA apply to communities living near adopted after a 2013 chemical chemical facilities and the first explosion killed 15 people at a Texas responders who put their lives fertilizer plant, including a dozen first on the line? responders. Pruitt’s proposal would weaken accident prevention measures Lead and Copper Rule and reduce transparency to the local community when an accident The EPA Inspector General (IG) does happen. recently finalized a review of EPA’s response to the Flint Water Wheeler will soon have the opportunity Crisis. One major IG recommendation to decide whether to approve this is that EPA update water safeguards for dangerous rollback. Will he listen to lead and copper. experts and communities impacted by chemical disasters and stop Pruitt’s Acting Administrator Wheeler said reckless abandonment of these he wants to make lead safety a essential safety measures? priority. Will that translate to new water protections for vulnerable communities? CONTINUED

Environmental Defense Fund 8/18 10 Censored science attacks and more preventable deaths Before Pruitt resigned, he across America. Though Congress proposed a “censored science” rejected these draconian cuts, Wheeler’s rule, championed by polluting top-paying client, Murray Energy industries. This change would Corporation, has put a 50% EPA budget effectively bar the agency cut on its “Wish List.” from using many high-quality scientific studies in the development of Does Wheeler support President Will Wheeler safeguards from toxic exposures. Under Trump’s call for a crippled EPA, capitulate to the guise of transparency, Pruitt’s plan without the means necessary to the polluters would only allow use of studies that make carry out its mission to protect all their research public, even though human health? pushing the gold standard research often relies on censored personal medical information scientists Toxic Substances Control Act must protect for legal and ethical reasons. science rule? Under Pruitt, the EPA put on This would effectively censor valid the backburner proposed Or will he science on chemical risks, air pollution, restrictions on high-risk toxic return science adverse health effects and other facts chemicals like methylene that polluters aim to suppress.* to the core of chloride, , and EPA decision Weakening EPA’s ability to use the best N-methylpyrrolidone. Will Wheeler making? available science will likely result in finalize these rules? less protection from harmful pollution. EPA has also slow-rolled requirements Budget of the 2016 Toxic Substances Control Act (TSCA) to establish a stronger federal President Trump and Pruitt chemical safety system. Will Wheeler twice proposed budgets that finally implement reforms of the TSCA would have gutted EPA’s or will he fast-track the process for ability to carry out its mission of bringing to market chemicals that protecting human health. These cuts may pose threats to human health? would have meant more air pollution and contaminated water, more exposure

to lead and toxic chemicals, more asthma CONTINUED

* Even without this new rule, the EPA is suppressing a study that the agency’s Integrated Risk Information System (IRIS) completed in early 2017. Evaluating the health risks of toxic chemicals, this division found that most Americans are inhaling enough formaldehyde vapor to be at risk of leukemia.

Environmental Defense Fund 8/18 11 Ethics Conflicts of interest

Wheeler has a long history Wheeler has yet to indicate as a coal lobbyist and ally of whether he will officially the and chemical recuse himself from industries. He has publicly decisions that present stated that “If I lobbied on something, a conflict of interest with his past I don’t think it’s appropriate for me to employers and clients. participate” and he took the Trump ethics pledge to avoid matters related l Will Wheeler publicly pledge to to former employers or clients for two recuse himself from any decisions years. But it is unclear whether Wheeler involving the “Wish List” of his will follow through on these promises. former client, coal mining giant Murray Energy, to prop up the Calendar coal industry? Pruitt took the unprecedented step of hiding his personal calendar from l Will Wheeler recuse himself from public view. all pollution decisions, given Act requests showed he was meeting his history of being paid to oppose with big energy executives — limits on ozone emissions? meetings that should have been l Will Wheeler recuse himself from all publicly disclosed. other decisions that would benefit Wheeler — despite promises to his former clients? uphold Trump Administration ethics l Will Wheeler require all officials in rules — has already met with at least his agency who worked for lobbying three former clients since taking firms or trade associations to recuse office at EPA in April. According to his themselves from all decisions public calendar, he has also attended involving their former employers’ events with a corporate leader he is clients or members? prohibited from meeting with.

Will Wheeler, like every administrator before Pruitt, keep his calendar open for public review and be transparent about his meetings with industry?

Environmental Defense Fund 8/18 12 Industry Insiders Infiltrating the EPA Headquarters Offices*

As a former coal lobbyist, Andrew Wheeler will be right at home leading Donald Trump’s EPA, where his senior team have spent their careers helping polluters weaken environmental safeguards.

Andrew Wheeler Acting Administrator Former Coal Lobbyist

Office of Air and Radiation Office Office of Enforcement of Water and Compliance Bill Wehrum Assistant Administrator Lee Forsgren Susan Bodine Former Lobbyist, Deputy Assistant Assistant Administrator American Petroleum Institute and Administrator Former Lobbyist, American Chemistry Council Former Lobbyist, Agribusiness Oil and Gas Industry Amanda Gunasekara Patrick Traylor Principal Deputy Assistant Anna Wildeman Deputy Assistant Administrator Deputy Assistant Administrator Former Lobbyist, National Administrator Former Attorney, Association of Chemical Distributors Former Policy Council, Koch Subsidiaries, US Chamber of Dominion Energy, and Commerce TransCanada Council Office of Chemical Safety

Assistant Administrator Office of Land and Emergency Management Vacant Peter Wright Nancy Beck Assistant Administrator (nominated) Deputy Assistant Administrator Former Managing Counsel, Dow Chemical Former Senior Director, American Chemistry Council *Not shown are: Administration and Resource Management, the Chief Financial Officer, Environmental Information, Office of International and Tribal Affairs, Office of Inspector General, and Research and Development

Environmental Defense Fund 8/18 13 Industry Insiders Infiltrating the EPA Office of the Administrator*

Ken Wagner Andrew Wheeler Senior Advisor, State Acting Administrator & Regional Affairs Counsel for Pruitt’s and Treasurer for his PAC Ryan Jackson Chief of Staff Former chief of staff under Pruitt: led environmental staff for Senator — nation’s top climate change denier

Office of Policy Office of Congressional & Science Advisory Board Office of Intergovernmental Affairs General Counsel George Sugiyama Michael Honeycutt Deputy Associate Troy Lyons SAB Chair David Fotouhi Administrator Associate Administrator Has record of breaking Deputy General Former Attorney for Former Lobbyist, Hess with mainstream scientific Counsel National Mining and BP opinion on air pollution and Former Attorney for Association toxicology, including with companies that violated Christian Palich Clean Air Act Principal Deputy the American Academy Justin Schwab Administrator of Pediatrics. Assistant Deputy General Former President, Counsel Ohio Coal Association Former Attorney for multiple oil, gas, steel and metal companies Erik Baptist Senior Deputy Counsel Former Attorney for American Petroleum Institute

*Not shown are the Offices of: Administrative and Executive Services, Children’s Health Protection, Civil Rights, Continuous Improvement, Executive Secretariat, Public Engagement and Environmental Education, Small and Disadvantaged Business Development, and Homeland Security.

Environmental Defense Fund 8/18 14 How Wheeler and Other EPA Industry Insiders’ Decisions Affect Human Health

Brain damage, lower IQ, learning skills, neurological disorders

Leukemia

Asthma, lung cancer

Heart disease

Bladder cancer

Fetal development dangers 2018